IFTEKHAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. The applicant, Iftekhar Ahmad has filed this revision against his conviction under Sections 323 and 325, I. P. C. by the lower appel late Court by his judgment and order dated 30-6-1982. The lower appellate Court partly allowed the appeal and affirmed his conviction under Sections 323 and 325,i. P. C. set aside the sentence of imprisonment recorded by the trial Court and also in addition to the award of trial Court's sentence of Rs. 100 as fine, he was sentenced to pay a fine of Rs. 200 on each of the counts and further he was directed to execute a personal bond for Rs. 2,000 and to furnish two sureties in the like amount to the satisfaction of the trial Court to keep peace and be of good behaviour for a period of two years. Out of the fine realised a sum of Rs. 100 each was ordered to be paid to Ekram Ali and Zubair Khalid injured in this case.

(2.) THE case of the prosecution is that on 2-12-1979 Iftekhar Ahmad left open the wether supply tap on the ground floor of his house and left away after locking the ground floor. THE complainant residing inside the first floor of the house with the result that the water did not reach the first floor in the accommodation of Iftekhar Ahmad. It is also alleged that on 3-12-1979 in the morning hours Iftekhar Ahmad along with his son Ansar Ahmad and brother-in-law Ehsan Ullah arrived whereupon Ehtram Ali sent his son Zubair Khalid to meet them and to ask them to close down the tap. THEreupon, the applicant along with Ansar Ahmad and Ehsan Ullah are said to have struck Ehtram Ali and Zubair Khalid with iron rods. On the alarm raised by the injured, Kamal Ahmad, Shakoor and Wasim Khan are said to have arrived. Ehtram Ali and Zubair Khalid were examined by the doctor in Balrampur Hospital same day. THE doctor found two scabbed abrasions one each on the right thumb and left forearm and two traumatic swellings one each just above the base of the right thumb and back of pinna of the right ear. On X-ray examination of the right forearm injury revealed fracture of the ulna. THE F I. R. was lodged on 6-12-1979 at 10 a. m. by Ehtram Ali against all the accused under Sections 325 and 323,i. P. C. including the applicant.

(3.) I have also heard the learned Counsel for the State at a great length and I feel that the prosecution has failed to prove the prosecution case satis factorily and under the circumstance the applicant is entitled to benefit of doubt.